Spokane Municipal Code

Title 17D City-wide Standards

Chapter 17D.090 Erosion and Sediment Control

Section 17D.090.270 Departmental Hearing

1. The hearing is conducted by a City designee who did not issue the notice and is not a subordinate of the person issuing the notice. The hearing is held not less than ten calendar days from the date of the notice unless said official determines a shorter time is necessary because of exigent circumstances, or on mutual consent by the parties concerned. Time extensions are granted by said official, with notice to parties previously identified.

2. On or after the time set for hearing, the hearing official enters an appropriate order from the results of the hearing, and makes findings, including:

1. 1. the date of issuance of the departmental decision, which is when the decision is mailed or sent;

1. 2. the responsible party or parties identified to whom the decision is being sent, and a determination whether or not there is a violation and any specific problems noted;

1. 3. the corrective action necessary and a schedule for correction of any violation;

1. 4. a statement of the penalties found to apply and any continuing penalties applicable;

1. 5. an estimate of the cost of corrective action by the City if the schedule is not met, but such estimate does not preclude the City from recovering actual costs if greater, if the City is thereafter obliged to correct the problem;

1. 6. a statement that in the absence of correction of a violation determined within the time stated that the deficiencies will be corrected by the City of Spokane and full recovery plus collection costs will be recovered in addition thereto; and

1. 7. a statement of a right of appeal to the city hearings examiner as provided hereafter, and that if a timely appeal is not made, the departmental decision will become final.

Date Passed: Monday, March 8, 2010

Effective Date: Sunday, April 11, 2010

ORD C34565 Section 1